Consent Flashcards
(14 cards)
What are the 2 elements of consent
- Can the offence be consented to
- Was the consent genuine
R v Barnes
Participants of sport consent to injury
R v jones
Genuine mistake in consent can be a defence e.g horseplay
R v Wilson
Hot knife with consent is same as tattooing
R v slingsbury
Consent to sexual activity meant death was an accident
R v brown
Can’t consent to over the top sexual acts
Pretty v uk
Consent is never a defence to murder
Wilson v Pringle
Consent can be implied
Ag ref no 6 of 1980
Consent could not be a defence to abh or higher with exceptions
Richardson and Irwin
Question was not what another person would have foreseen but what d would of if they were sober
Oluyboja
Must be true consent
R v tabussum
Not true consent because they didn’t know what they were consenting to
Airedale nhs v bland
Discontinued medical treatment
Is in best interested, failure to act isn’t an illegal act